When you’re involved in a pedestrian accident, the emotional and physical toll can be overwhelming. The physical injuries, combined with the financial strain of medical bills and lost wages, can leave you feeling uncertain about what steps to take next.
Whether you are walking along the busy streets of downtown Houston, crossing near the Texas Medical Center, or strolling in your neighborhood, a pedestrian accident can have life-altering consequences.
As your Houston pedestrian accident lawyer, we at AP Law Group are here to guide you through the complex legal process with empathy, experience, and dedication.
The Dangers of Pedestrian Accidents in Houston
In Houston, pedestrian accidents are a serious concern, especially given the city’s growing population and complex road systems. According to the Texas Department of Transportation, Houston consistently ranks as one of the cities with the highest number of pedestrian accidents in the state. Whether you’re crossing busy streets like Westheimer Road or navigating residential neighborhoods, the risk of accidents is always present.
The dangers of pedestrian accidents are heightened by several factors, including the size and weight of vehicles, high-speed roadways, and distracted or impaired drivers. Pedestrians, unlike drivers or passengers, do not have the protection of a vehicle, making them particularly vulnerable to injury. In many cases, pedestrians suffer severe trauma that leads to lifelong physical, emotional, and financial difficulties.
Pedestrian accidents can result in serious and even fatal injuries. Due to the large number of pedestrians in high-traffic areas like downtown Houston, near the Galleria, or along the Memorial Park trails, it’s essential to recognize how dangerous walking near motor vehicles can be.
Common Causes of Pedestrian Accidents
Pedestrian accidents are often the result of driver negligence or unsafe road conditions. Let’s take a closer look at some of the most common causes of pedestrian accidents in Houston:
Distracted Driving: One of the leading causes of pedestrian accidents in Houston is distracted driving. Whether it’s texting, talking on the phone, eating, or using a GPS, drivers are often distracted by things inside their vehicle. When a driver’s attention is diverted from the road, they are less likely to notice pedestrians, especially in high-traffic areas or busy intersections.
Speeding: Speeding is another common cause of pedestrian accidents, particularly in areas with heavy traffic or poorly marked crosswalks. When drivers speed, they have less time to react to pedestrians, even when they’re in a crosswalk. Houston’s streets, such as Westheimer Road and Richmond Avenue, have busy intersections and high traffic volume, making it essential for drivers to slow down and stay aware of pedestrians.
Impaired Driving: Driving under the influence of alcohol or drugs impairs a driver’s judgment and slows their reaction time. Houston sees a significant number of impaired driving accidents, particularly on weekends or late at night. Impaired drivers may fail to see pedestrians, ignore traffic signals, or fail to stop at crosswalks, putting everyone on the road at risk.
Failure to Yield: Drivers sometimes fail to yield to pedestrians at crosswalks or when making turns. In Houston, many accidents occur at busy intersections, such as those near the Texas Medical Center or the Galleria, where pedestrians have the right of way, but drivers don’t always yield.
Poor Road Design and Conditions: In some cases, the design of the roads themselves contributes to pedestrian accidents. Insufficient or poorly marked crosswalks, lack of traffic signals, and inadequate street lighting can all increase the risk of accidents. Houston has many areas with uneven sidewalks or poorly lit streets, such as along parts of Bellaire Boulevard or around the Rice Village area.
Weather Conditions: Weather in Houston can change rapidly, making it difficult for drivers to see pedestrians. Heavy rain, fog, or wet pavement may obscure the driver’s view, making pedestrian accidents more likely.
Common Injuries in Pedestrian Accidents
Pedestrian accidents can result in a wide range of injuries, depending on the severity of the collision and other factors. Here are some of the most common types of injuries:
Head Injuries: Head trauma is one of the most common and severe injuries in pedestrian accidents. This includes traumatic brain injuries (TBI), concussions, and skull fractures. The force of the collision can cause the pedestrian to hit their head on the pavement or the vehicle.
Broken Bones: Pedestrians often suffer fractures to their arms, legs, and ribs during an accident. Broken bones can lead to prolonged medical treatments, including surgeries and physical therapy.
Example: A pedestrian walking near the University of Houston was hit by a turning vehicle. The impact caused both of their legs to break, requiring immediate surgery and extensive rehabilitation.
Spinal Cord Injuries: Damage to the spinal cord can result in permanent paralysis or long-term mobility issues. Even minor spinal cord injuries can cause debilitating pain and loss of movement.
Internal Injuries: When struck by a vehicle, pedestrians may suffer damage to internal organs, including the lungs, liver, and kidneys. Internal bleeding is a serious concern and may require emergency surgery to repair the damage.
Soft Tissue Injuries: Whiplash, bruising, sprains, and strains are common soft tissue injuries in pedestrian accidents. These injuries can be just as debilitating as fractures and often require extended recovery time.
Emotional and Psychological Trauma: Pedestrian accidents often result in emotional and psychological effects such as PTSD, anxiety, and depression. Coping with the trauma of the accident and the ongoing medical issues can lead to significant mental health challenges.
Proving Negligence in Pedestrian Accidents
Proving that a driver was negligent is critical in securing compensation for your injuries.
Negligence is the failure to exercise reasonable care, and in a pedestrian accident, it means proving that the driver’s actions directly caused your injuries. To succeed in a negligence claim, the following elements must be demonstrated:
Duty of Care: The driver owed you a duty to drive safely and follow traffic laws.
Breach of Duty: The driver violated this duty, such as by driving distracted, speeding, or running a red light.
Causation: The driver’s breach of duty directly caused your injuries. For example, a driver texting while driving and hitting a pedestrian demonstrates causation.
Damages: The accident caused you to suffer damages, such as medical bills, lost wages, or pain and suffering.
When Multiple Parties Are at Fault
Sometimes, more than one party may share responsibility for a pedestrian accident. This could involve multiple drivers, government entities, or even vehicle manufacturers. Determining who is at fault is crucial in securing the compensation you deserve.
Government Liability: If the accident was caused by unsafe road conditions, such as poorly marked crosswalks or inadequate lighting, a government entity could be held partially responsible for the accident.
Product Liability: A vehicle manufacturer or maintenance company could be liable in cases where faulty car parts or equipment, like malfunctioning brakes, contributed to the accident.
Shared Fault: In some accidents, both the driver and the pedestrian may share responsibility. For example, if the pedestrian was jaywalking or crossing in an unmarked area, the driver may argue that the pedestrian’s actions contributed to the collision. Under Texas’s comparative negligence laws, if you are partially at fault, your compensation will be reduced by the percentage of fault assigned to you.
Key Legal Defenses in Pedestrian Accident Claims
The defense in pedestrian accident claims often involves challenging the allegations of negligence. Here are some of the key defenses used:
Contributory Negligence: The defense may argue that the pedestrian was partially responsible for the accident. This could include claims that the pedestrian was distracted, crossing outside of a designated crosswalk, or not paying attention to traffic.
Assumption of Risk: In some cases, the defense may claim that the pedestrian assumed the risk by walking in a dangerous area or crossing a street in an unsafe manner. However, this defense is typically difficult to prove, especially if the pedestrian was legally in a crosswalk or on a sidewalk.
Comparative Negligence: Texas follows a modified comparative negligence rule. This means that if you are found to be 51% or more at fault for the accident, you will not be able to recover compensation. If you are less than 51% at fault, your compensation will be reduced by the percentage of fault attributed to you.
Your Rights as a Pedestrian in Houston
As a pedestrian in Houston, you have certain legal rights when you are injured in an accident. These rights include:
Right to Compensation: You have the right to seek compensation for your injuries if a driver’s negligence caused the accident. This can cover medical expenses, lost wages, pain and suffering, and more.
Right to Safety: Drivers must yield to pedestrians in crosswalks and exercise reasonable care to avoid accidents. You have the right to walk safely, whether in a designated crosswalk or on the sidewalk.
Right to Legal Representation: If you are injured in a pedestrian accident, you have the right to pursue legal action to seek compensation. Having a knowledgeable lawyer on your side ensures that your rights are protected throughout the legal process.
The Legal Process: How We Can Help You
At AP Law Group, we are committed to fighting for your rights and ensuring that you receive the compensation you deserve. Here’s how we can help:
Investigation: We will thoroughly investigate the circumstances surrounding the accident. This includes collecting witness statements, reviewing traffic camera footage, obtaining medical records, and working with accident reconstruction experts if necessary.
Negotiation: Insurance companies often try to minimize their payouts. Our team will negotiate with the at-fault driver’s insurance company to ensure you receive a fair settlement that fully compensates you for your injuries.
Trial Representation: If a fair settlement cannot be reached, we are ready to take your case to court. Our trial attorneys will present your case and fight for the justice you deserve.
The Benefits of Selecting AP Law Group for Your Pedestrian Accident Case
Choosing the right lawyer to represent you in a pedestrian accident case is essential to ensuring that you receive the full compensation you deserve. At AP Law Group, we offer several advantages that make us the right choice to handle your case:
1. A Client-Focused Approach
At AP Law Group, we prioritize the needs of our clients. We understand that a pedestrian accident can be a traumatic experience, and we want to ensure you feel supported throughout the entire legal process.
Our team takes the time to listen to your story, answer your questions, and provide clear, honest advice every step of the way. We are dedicated to ensuring you understand your options and feel confident in the decisions you make.
2. No Upfront Fees – We Work on a Contingency Basis
Financial concerns should never prevent you from seeking justice. That’s why we operate on a contingency fee basis.
This means that we don’t charge any upfront fees to begin your case. Instead, we only get paid if we successfully recover compensation for you. Our goal is to ensure that your legal fees are the least of your worries while you focus on healing and recovery.
3. Experience in Pedestrian Accident Cases
We have a proven track record of handling pedestrian accident cases in Houston, and we are familiar with the intricacies of pedestrian law in Texas.
Whether your accident occurred on a major thoroughfare like the Sam Houston Tollway, near the Texas Medical Center, or in a quieter residential area, we know how to investigate, build a case, and fight for your rights.
Our firm’s experience extends to working with insurance companies, local authorities, and expert witnesses to ensure we present a strong case on your behalf. We are prepared to handle every aspect of your case, from gathering evidence and negotiating settlements to taking your case to trial if necessary.
4. Aggressive Representation Against Insurance Companies
Insurance companies often attempt to minimize payouts or deny claims altogether. At AP Law Group, we don’t back down from insurance companies that try to undervalue your claim.
We have the skills and resources to go up against large insurance corporations, and we’ll work relentlessly to ensure you receive the compensation you deserve.
5. Thorough Case Investigation
A thorough investigation is key to winning any personal injury case, and we leave no stone unturned.
Our legal team will gather all relevant evidence, including accident reports, eyewitness testimony, video footage from traffic cameras, and expert opinions from accident reconstruction specialists if necessary. We will use this evidence to build a compelling case that clearly demonstrates the fault of the driver and the extent of your injuries.
6. Local Knowledge and Community Commitment
As a Houston-based law firm, we are deeply familiar with the roads, neighborhoods, and local laws of the area. We understand the unique challenges of pedestrian accidents in Houston, from navigating complex intersections near downtown to dealing with the traffic-heavy areas around the Galleria.
Our local knowledge gives us an advantage in pursuing cases in this region, and we are committed to serving our community and advocating for justice on behalf of accident victims.
7. Personalized Attention to Every Case
We understand that every case is unique. You’ll work directly with an attorney who will be personally invested in your case, ensuring that your concerns are heard and your needs are met.
Our team will keep you informed throughout the legal process and help you understand what to expect at every stage.
Contact Us Today for a Free Consultation
If you’ve been injured in a pedestrian accident in Houston, don’t wait to seek legal advice. The sooner you reach out, the sooner we can begin working on your case.
Our Houston personal injury lawyers at AP Law Group offer a free, no-obligation consultation to discuss your situation and answer any questions you may have. Contact us today at (713) 913-4627 to learn how we can help you move forward.